Doxy.me Terms of Service
Last revised March 2020
What words our lawyers use:
What this means in plain English: (however, the words our lawyers use are controlling and binding):
1. Ownership Of The Site
All pages within this Site and any material made available by Doxy.me for download are the property of Doxy.me, or its licensors or suppliers, as applicable. The Site is protected by the United States and international copyright and trademark laws. The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Doxy.me. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Doxy.me without our express written consent. Notwithstanding the foregoing, materials you post in your Virtual Waiting Room are yours alone and you are solely responsible for that content. See Section 4, below for more about your Virtual Waiting Room.
We own this website and its content; do not steal it. The content you post on your Virtual Waiting Room is yours alone.
To be a healthcare provider using the Site (“Provider”) you must agree to comply with all laws, medical or other board rules, or other rules and regulations applicable to you as a healthcare provider or other professional using the Site. Your relationship with the Doxy.me users (including your patients/clients) is directly between you and the patient. The patient will never have a physician-patient relationship with Doxy.me. Doxy.me does not practice medicine or any other licensed profession and offers no medical or other professional services. As set forth more fully in Section 10, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from patients and other consumers, and Doxy.me shall have no liability whatsoever to Provider concerning any amounts owed by any patient or other consumers to Provider.
If you use our Site to provide services to others we call you a “Provider”. You agree to do so in a legal way and follow all rules and regulations you are governed by. Doxy.me does not provide services to your patients, clients, or anyone other than you the Provider.
3. Independent Professional Judgment and Indemnification
The Provider will use the Site and Services only in accordance with applicable standards of good professional practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider and its personnel offer to patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of services to Provider’s patients. In this regard, Provider releases Doxy.me and waives all potential claims against Doxy.me as a result of the Provider’s use of the Site and Services, and the provision of services to Provider’s patients. As a result of the complexities and uncertainties inherent in the patient care process, and if applicable and allowed by law, Provider agrees to defend, indemnify and hold Doxy.me harmless from any claim by or on behalf of any patient of Provider or its personnel, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Doxy.me, regardless of the cause if such claim arises for any reason whatsoever, out of the use or operation of the Site and Services. To the extent applicable, Provider will obtain Doxy.me’s prior written consent to any settlement or judgment in which Provider agrees to or which otherwise provides or implies any finding of fault of Doxy.me or any defect in the Site or Services. Doxy.me will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense at Providers expense. Doxy.me reserves the right to appear and defend any actions in which it is named as a party. Provider agrees to pay and reimburse Doxy.me’s costs and expenses (including reasonable attorney’s fees) incurred in connection with such a suit.
If you, your patients or any third party seeking to recover any sums from Doxy.me arising from your use of Doxy.me or treatment you provide a patient while using Doxy.me, you will be solely responsible and pay any such sums.
4. Virtual Waiting Room
We are going to email you occasionally, and you’re okay with that.
5. Electronic Communications
You consent to receive communications from us electronically. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing.
The content you post on your Virtual Waiting Room and links to other sites you include on your Virtual Waiting Room are yours alone. You are solely responsible for such content and links.
6. Site Access; Security and Restrictions; Passwords
If you are under 18 years of age, you may not access the Site or use the Doxy.me Services.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Doxy.me will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Don’t attempt to hack the Site. Don’t share your username and password with anyone. Internet safety is important to us and for you.
7. License and Access; Termination by Doxy.me
Only use Doxy.me and our brand the way it’s intended to be used. We reserve the right to terminate your account for misuse. If you don’t, we’ll delete your account.
8. Termination of Account by the Provider
Sign in to your account to delete your account and data.
9. Accuracy and Integrity of Information
Although Doxy.me attempts to ensure the integrity and accuracy of the Site and the Content on the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Doxy.me so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Doxy.me shall have no responsibility or liability for information or Content posted to the Site from any non-Doxy.me affiliated third party. This includes any information, content or links posted on a provider’s Virtual Waiting Room.
If we have a typo or other errors, let us know, sorry.
10. Links to Other Sites
Doxy.me makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Doxy.me site, please understand that it is independent of Doxy.me, and that Doxy.me has no control over the content on that website. In addition, a link to a non-Doxy.me website does not mean that Doxy.me endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
We are not responsible for content on other websites, even if we link to it.
11. Provider Agreements and Other Content
If you submit, upload or post any agreements, contracts, consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, (including but not limited to content post on or through links available on your Virtual Waiting Room), you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. The Provider is solely responsible for obtaining all necessary agreements and consents from and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Doxy.me that you have the legal right and authorization to upload all Provider Content at the Site and any Provider Content posted to a Virtual Waiting Room. Except with respect to the Provider, content posted to a Virtual Waiting Room, Provider Content Doxy.me shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Doxy.me desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. Doxy.me is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you or anyone else any compensation for any Provider Content; or (3) to respond to any Provider Content. For purposes of clarity, provided that it does not violate Section 1, above, Doxy.me does not claim any interest in or rights to Provider Content posted to a provider’s Virtual Waiting Room. Providers are solely responsible for Provider Content posted to the provider’s Virtual Waiting Room.
Doxy.me does not regularly review Provider Content but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Doxy.me the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers – including content posted to your Virtual Waiting Room. Doxy.me and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
You agree to defend, indemnify (if applicable and allowed by law) and hold Doxy.me harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by Doxy.me arising out of any Provider Content you post or allow to be posted to the Site or a Virtual Waiting Room.
Do not create or post any inappropriate content (e.g. in your waiting room). We can reuse anything you create on our site. We are not responsible for damages resulting from things you upload.
12. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Doxy.me respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Doxy.me’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
3445 Winton Pl Ste 120
Rochester, NY 14623
Attn: Doxy.me LLC
If you believe your copyrighted material has been violated, let us know.
13. Disclaimer of Warranties
DOXY.ME DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. DOXY.ME DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. DOXY.ME DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
We won’t be perfect – but we try our best, but do not guarantee perfection.
14. No Provision of Advice or Services
As part of the Services, Doxy.me provides a platform for a Provider to communicate with consumers, potential consumers, patients, and potential patients. Doxy.me does not provide any medical advice or professional, legal advice, or representations in any way regarding any medical, professional or legal issues associated with Provider, goods or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. The Provider should seek its own legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Site or Services in determining Provider’s compliance obligations under the law. The Provider and Doxy.me agree that Doxy.me is not providing any medical advice or legal advice to Provider or any patient, client or, a customer of Provider or to anyone else who may access the Site or use the Services.
We are not a healthcare provider, lawyer or other licensed professional, so do not ask us for medical, professional or legal advice.
15. Limitation of Liability Regarding Use of Site
DOXY.ME AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF DOXY.ME TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
We are not liable if something bad happens while using the site.
16. Dispute Resolution.
Any legal disagreements between us will be settled in Rochester, New York, USA, and in accordance with New York law.
17. Revisions; General
Doxy.me reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice.
We may occasionally update these terms, so check back in regularly.
18. Refund Policy
Our goal is for you to be successful when using Doxy.me for telemedicine, but we understand that technology doesn’t always cooperate or that other issues can arise, and as a result, we’ve made our Refund Policy as simple as possible.
Please let us know, and we’ll make it right for you.
19. Shared Security Responsibilities
This site is meant to help transmit sensitive data and we’ve done our best to protect that data in our hands. But you are also a part of the solution so: use a strong password; do not share your login credentials; update your software regularly; install and use anti-virus and firewall software (but whitelist Doxy.me!); do not use Doxy.me in a public place and still expect people can’t hear what you are talking about.
Be smart with your personal security choices.
20. Individual Accounts and Abuse
We offer a free service as a benefit to the community. When you let other people share your account; delete your account and sign up again to get another 30 free days; have your whole employee base on our Free or Pro plans etc., you are taking advantage of our system. If we think you are doing this, we’ll probably warn you. If you don’t respond or change behavior, we’ll delete your account and prevent you from using our Site and Services again. If you have more than one (1) person, employee, or independent contractor in your organization that has accounts with us, you must be on a Clinic plan.
Don’t take advantage of us. It’s very expensive to run a modern software company and we have to pay the bills somehow right?